Non receipt of 'C FORM' from buyer.

CA Lakshman M (Mphasis an HP Company) (72 Points)

07 August 2010  

A seller has not received the 'C FORM' from his buyer since 2 yrs. He had earlier made a sale at concessional rate @ 2%.

If the sale were not made against 'C FORM' then the same goods would have suffered tax @ 4%. Now, notice is sent by sales tax dept asking for payment of difference of tax amount. Also buyer is of no intention to give that C FORM in coming future. 

Should the seller pay that difference of tax? If YES, can he claim it from his buyer.

Also can the seller answer to Notice that, since the buyer did not send C Form, he will not pay the difference and also direct the Sales tax Dept. to collect it from respective buyer.

kindly suggest!

Thanking you in Advance!:)